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FY 2025 H-1B Cap Lottery Integrity Measures made by USCIS

Multi-colored balls with numbers.
Photo by dylan nolte on Unsplash

The U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule aimed at enhancing the integrity of the H-1B registration process to mitigate potential fraud. The new rule also aims to ensure fairness in the selection process for beneficiaries, regardless of the number of registrations submitted on their behalf by employers. Here are the key points of the announcement:

  1. Beneficiary-Centric Selection Process: Registrations will now be selected by a unique beneficiary rather than by registration, reducing the potential for fraud and ensuring equal chances for each beneficiary. Registrants will be required to provide valid passport or travel document information for each beneficiary during the registration process.
  2. Start Date Flexibility: Certain petitions subject to the H-1B cap will have flexibility in requested employment start dates, allowing filing with start dates after October 1 of the relevant fiscal year.
  3. Integrity Measures: USCIS now has the authority to deny or revoke H-1B petitions if the underlying registration contained false information or if the associated registration fee is declined or invalid.
  4. Registration Period for FY 2025: The initial registration period for the fiscal year 2025 H-1B cap will be open from noon Eastern on March 6, 2024, to noon Eastern on March 22, 2024. Registrations must be done electronically through a USCIS online account, with an associated registration fee for each beneficiary.
  5. Online Filing Option: USCIS will launch organizational accounts in the USCIS online system on February 28, 2024, allowing multiple users within an organization and their legal representatives to collaborate on and prepare H-1B registrations and petitions. Online filing for Form I-129 and associated Form I-907 for non-cap H-1B petitions will also be available starting on February 28. 
  6. Fee Adjustments: A fee increase for Form I-907 will go into effect on February 26, 2024, to adjust for inflation. Filings received with incorrect fees postmarked on or after this date will be rejected.

The USCIS encourages petitioners to use their online filing options for efficiency, although paper filings will still be accepted. More information on these changes and USCIS programs can be found on the USCIS website and social media channels.